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The Wilson Law Firm

Was Your Virginia DUI Arrest Made Unlawfully?

A police officer can only pull you over for committing a traffic violation, or if you give them probable cause to believe that you have been drinking and driving in Virginia. If there is probable cause, then a policeman can make a DUI stop.

What are signs of probable cause?

If you are erratically weaving in between lanes, almost hitting other cars, following other cars too closely, speeding up and slowing down too quickly, driving on the lane divider, driving too slowly, frequently braking, not using your turn signals, making an illegal turn or not using your headlights after dark, then a Virginia police officer may have probable cause to stop your vehicle.

During a lawful traffic stop or a sobriety checkpoint stop, police officers have the right to question you and observe your behaviors. If you smell like alcohol or if your eyes are bloodshot and they have good reason to think you have been driving under the influence of alcohol in Virginia, they can ask you to participate in field sobriety tests.

During this time or during any traffic stop, police cannot search your car without your permission. If an officer of the law spots an open container of alcohol in your vehicle from outside of the car, then the officer has probable cause to search your vehicle. However, if a police officer searches your car unlawfully, you may be able to get your charges and case dismissed with the help of an experienced Manassas, Virginia DUI attorney.

Your Rights After an Unlawful Police Stop

If you have been stopped by a police officer unlawfully, you have rights. In fact, the Fourth Amendment to the United Stated Constitution protects you from an unlawful stop and unreasonable search and seizure. If a policeman collected evidence against you during this unlawful stop, it will not be admissible in the court of law per your constitutional rights. A skilled northern Virginia drunk driving lawyer may be able to protect your constitutional rights by showing that your stop was unwarranted.

If you believe you were a victim of an unlawful stop in Virginia, you need to speak with a DUI defense attorney immediately so that they can investigate your case. Call T. Kevin Wilson, an experienced Virginia drunk driving lawyer, who may be able to get your field sobriety test results, breath tests, or any evidence collected in your vehicle during an unlawful search dismissed.

Call the Wilson Law Firm toll-free at (800) DUI - LWYR or (703) 361-6100 today for a free, no-obligation consultation.

You can also request a copy of his book for FREE: DUI/DWI Virginia Arrest Survival Guide - The Guilt Myth.

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